Supervision of Non-Certified Applicators (Pesticides)

I. Introduction

355 IAC 4-2 is the regulation that requires direct supervision of non-certified pesticide applicators. This includes the requirement that the supervising certified applicator be physically present at the work site under circumstances that permit continuous direct voice contact with the non-certified applicator. The following explanation should assist in clarifying the legal responsiblities of the certified Private Applicators (farmers/growers) that use non-certified employees or family members to make applications of Restricted Use Pesticides (RUP's).

Physical presence of the supervising certified applicator shall be defined in several ways. First, is the obvious. The certified supervisor (Private Applicator) is present on-site (in the field, at the mix load site, etc.) in close proximity to and within reasonable line of sight of the non-certified applicator. The second option, which is less straightforward, will require all of the following:

The specific part of the farm, usually the field, to which the RUP is being applied must be within thirty (30) miles of the supervising Private Applicator;

The supervising Private Applicator must have previously examined the specific application site while accompanied by the non-certified applicator;

The RUP application must take place under circumstances that permit continuous direct voice contact with the non-certified applicator; and

The supervising Private Applicator must provide the non-certified applicator with all of the following:

Labels of the products being used;

Labels required personal protective equipment (safety gear);

Instructions and the means to establish direct voice communication with the supervisor while the pesticide is in use; and